TO: Mayor and Commissioners
FROM: Susan Goebel-Canning, Public Works Director
THROUGH: Mark R. Lauzier, City Manager
DATE: June 19, 2018
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APPROVAL OF CHANGE ORDER NO.3 TO THE AGREEMENT WITH WEST CONSTRUCTION INC. IN A NOT-TO-EXCEED AMOUNT OF $25,729.40 WITH SEVENTY-FIVE (75) ADDITIONAL CALENDAR DAYS FOR THE NE 2ND AVENUE / SEACREST BEAUTIFICATION PHASE 1 PROJECT.
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Recommended Action:
Recommendation
Motion to approve Change Order No. 3 to the Agreement with West Construction Inc. (WCI) in an amount not-to-exceed $25,729.40 with forty-one (41) additional calendar days due to constructability issues along with thirty-one (31) days for weather delays along with three (3) approved holidays; for the NE 2nd Ave. / Seacrest Beautification Phase 1, Project No. 14-071.
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Background:
On November 20, 2017 the City Commission approved the bid award (Bid Construction No. 2017-065-2) to WEST in an amount not-to-exceed $834,247.70 for the NE 2nd Ave / Seacrest Beautification Phase 1 project. This is an FDOT grant funded project in the amount not to exceed $750,000 for FDOT approved components which are reimbursable after WCI is paid. WCI’s Notice to Proceed was issued December 1, 2017.
Change Order No. 1: in a not-to-exceed amount of $25,000 with zero additional calendar days to WCI was approved on April 17, 2018 by the City of Delray Beach (CITY) Commission.
Change Order No. 2: in a not-to-exceed amount of $8,111.53 with four (4) additional calendar days to WCI was approved on April 19, 2018 by CITY Staff.
Change Order No. 3: in a not-to-exceed amount of $25,729.40 with seventy-five (75) additional calendar days to WCI is requested for the following reasoning:
1) Change Proposal Request (CPR) #6 in an amount of $724.50 with one calendar day - Fibernet manhole conflict at NE 2nd Ave. and NE 9th Street.
2) CPR #8 in an amount of $408.25 with one calendar day - Installation of root barrier for a tree located at 801 NE 2nd Ave.
3) CPR #10 in an amount of $19,911.55 with thirty-five calendar days - ADA compliance issues that needed to be corrected relating to concrete sidewalk and curb designs and construction.
4) CPR #11 in an amount of $3,627.10 with three calendar days - Removal and replacement of the concrete sidewalk and driveway apron located at 910 NE 2nd Ave.
5) CPR #12 in an amount of $1,058 with one calendar day - Geotechnical core testing of the asphalt on George Bush Blvd. by Tierra, Inc.
6) Thirty-one (31) calendar days due to weather conditions (through 5/16/18).
7) Three approved Holidays (through 5/16/18).
City Attorney Review:
Approved as to form and legal sufficiency.
Funding Source/Financial Impact:
NE 2nd Ave. / Seacrest Beautification Phase 1 is funded from Account No. 337-41-340-541.68-18. Change Orders No. 1, 2, and 3 will be accounted for from the Contingency Line Item No. 9 (Unforeseen Condition Allowance: $55,000) if not reimbursed from the Florida Department of Transportation.
Upon approval of Change Order No. 3, the Contingency Line Item No. 9 will need to be replenished. Therefore, a budget transfer in the amount of $65,000 is requested from Account No. 337-90-900-519.99-01 (Other Non-Operating Contingency) to Account No. 377-41-340-541.68-18 (NE 2nd Ave / Seacrest Beautification Phase 1) to account for the requested changes; if not reimbursed from the Florida Department of Transportation.
Timing of Request:
This item is very sensitive, there are less than two months remaining on this contract.